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It's hard to imagine when the guy sleeps, he's got so many lawsuits going at any given time, issues with credit card companies, supposedly going to school, sending threatening emails to dozens of people, and a bodybuilder on top of that??

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Originally Posted by 2020throwaway
My update: papers have been filed with the investigator. Continued boilerplate emails from Eustice/opticsandammo. I would encourage everyone to work with your credit card companies, contact the detective listed elsewhere on this thread, and contact the manufacturers of the products you tried to purchase directly. Let them know what happened. I personally wouldn't have any interactions with Mr. Eustice going forward, but I guess choose your own adventure.

For those that don't know, OpticsandAmmo has been sued for trademark infringement by Vortex. The case is pending in the Southern District of Texas. It's case number: 4:20-cv-02304 SHELTERED WINGS, INC. D/B/A VORTEX OPTICS v OPTICSANDAMMO, LLC, and CHRISTOPHER DAVID EUSTICE

You can view the documents in PACER: https://pacer.uscourts.gov/ but there is a small fee after viewing a certain number of pages per quarter, I believe. Keep that in mind. Don't throw good money after bad, but it is cheap entertainment if you are looking for it. His "motion for an extension of time and sanctions," filed in response to Vortex's complaint, is kind of interesting in that it reveals some of his ""business model."" (double air quotes, as I am using this term loosely) The parties are currently fighting over whether he can proceed pro se (corporations have to be represented by an attorney in federal court), and over an extension of time. Some highlights, from OpticsandAmmo's motion:

On the business model -

"The Defendants have tried to work with Vortex Optics over the past 4 years, but Vortex Optics wants to bully small business owners because they do not have the resources necessary to open up a physical storefront as required by Vortex Optics. The Defendants have thus engaged in wholesale purchases with many authorized Vortex dealers such as such as BHPhotoVideo, OpticsPlanet, Cabelas, and others. All of these vendors offer B2B Sales Programs and Discounts for Business Purchases. All of the listed products, regular prices, images and product descriptions used on the Defendants website originally were provided to the Defendants by BhPhotoVideo in the Fall of 2016. BHPhotoVideo informed the Defendants that they had the full rights to use their images for advertising and the like. It possible the Vortex Optics listings have become outdated, because the Defendants have to manually update 35,000 products by themselves in addition to running the day to day operations of their company. The Plaintiff seems to fraudulently deny the fact that their own authorized dealers make B2B sales of their products. Vortex Optics is not entitled to a Monopoly over the resale of their products. This would run contrary to all common law and legal knowledge."

On the need for an extension of time -

"To further support the extension of time to respond to the Complaint, the Defendant provides the following facts: Somebody very close to the Defendants passed away recently, the court was closed on Friday July 3, Defendant has been locked out of his ECF account and is trying to regain access, Defendant's neighbor's dogs chewed through the Defendant's internet cable which had not been properly buried by AT&T, Defendant is currently dealing with final exams and other many other stressful and time consuming commitments. Furthermore, the case has been pending due to COVID-19 related court disruptions and that should also be fully considered.

Defendants respectfully request for an extension of 30 days time to respond to the Plaintiff’s Complaint. This time is necessary to allow the Defendants some additional time to find the expensive legal counsel which they are currently unable to afford. This will also allow some additional time to research the many complexities of intellectual property law in the event that the Defendants proceed in this case Pro Se."


I highly doubt B&H granted a guy in his house in Houston the "rights" to use everything on their website. I wonder if B&H knows about this? He claims to still be a student. I wonder if whatever university/community college he attends knows about everything going on?

Bottom line: he has no money and has resorted to "I need more time to learn the laws I've broken" and "the dog ate my cable connection"-type arguments. (Vortex's attorneys note that Eustice has filed these arguments in other cases across a length of time in which the cable should have been fixed.) Infer from that what you will...



That is absolute gold! While it would be wrong to claim all the credit for Vortex taking legal action, after the asshat referred to in this thread diddled me out of my hard earned money over a simple Neoprene Vortex Spotting Scope cover, i just might have sent them a message asking them if they knew this clown was using their products to rob people! HAHAHAHAHA!!!!!!!

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I'm not sure who suggested it first, or on what thread (I've done a lot of "opticsandammo reading" online this year...), but I think it is fair for "the internet" to claim some credit. This is from Vortex's complaint in the case I mentioned above:

"42. Defendants are not Authorized Dealers of Vortex products.

43. Despite not being approved as an Authorized Dealer, Defendants have
purportedly sold and continue to offer the sale of products bearing the Vortex Trademarks on the OpticsandAmmo Website.

44. Upon information and belief, Defendants complete orders and accept money from customers, but do not actually ship product to customers.

45. Multiple consumers have contacted Vortex regarding negative experiences attempting to purchase Vortex products through Defendants’ OpticsandAmmo Website, complaining that Defendants charged them for Vortex products and then never sent the customers the products they ordered.

46. Defendants are engaging in deceptive sales tactics intentionally designed to divert sales from Vortex and Authorized Dealers, even though they have no intention of shipping any Vortex products to their customers.

47. OpticsandAmmo has an “F” rating on the Better Business Bureau website. A true and correct copy of the Better Business Bureau profile for OpticsandAmmo, LLC is attached hereto as Exhibit C.

48. More than twenty-six (26) customers submitted complaints to the Better Business Bureau regarding Defendants’ business practices. See Exhibit C."

If you contacted Vortex, good job! I did not purchase a Vortex scope from OpticsandAmmo, but I contacted that manufacturer of the product I did purchase and told them about my experience. I also told them about this lawsuit. I encourage everyone to do the same.

The Vortex complaint reminds us about trademark law. This whole clusterf-ck is the reason you have authorized retailers. If you visit the optics counter at Cabelas, whoever you interact with has been visited by someone from Vortex, Leupold, Swarovzki, Zeiss, etc. to train them on their products. Manufacturers routinely send "secret shoppers" to stores to check up on their products, how they are being displayed/marketed, etc. Manufacturers also monitor the business practices of their retailers.

When you deal with a "normal" retailer like Cabelas, Bass Pro, B&H or even Optics Planet - despite whatever issues we've all had with them (and I've had mine) - you normally get what you purchased. If it's backordered, there is some normal way of dealing with it, like providing a time estimate or not charging your card until it has shipped (or not offering it for sale in the first place!). I believe this is - at least in small part - due to manufacturers policing these "authorized retailers." If they totally sucked at their business, they would not be authorized retailers.

We were all duped by Eustice / OpticsandAmmo. I've read others say something like "Yeah, the website looked a little sketchy but...," and I felt the same way. Yet there was something about it that made it just legit enough to start entering those credit card digits. I think Vortex is right to say that it was their trademarks, but more importantly the goodwill associated with the mark that they've built up over the years with their authorized retailers. The trademarks listed on the "our brands" section of his website, and the professional (because they were taken from B&H) photos made it look quasi-legitimate.

Eustice needs to be stopped. He's hurt a lot of people. He's smart enough to do all of this, but there are definitely some mental health issues going on. I might cut a young guy some slack for being awkward around women, but after reading a lot of the papers in the LSU lawsuit, I worry there's a chance he could hurt a woman.

So anyhow, I'm fighting in my own way. Considering sending B&H's corporate counsel an email and let them know what Eustice just filed. I bought some binocs from B&H once. Refreshingly normal transaction with a receipt, a tracking number, then binocs showing up on my doorstep. That is how it should be.

Finally, I own several Vortex scopes. While I think they are a pretty good value, in truth they aren't my favorite. That said, I'm sure there's something kicking around in the safe that could use an optic. Yes, they are made in SE Asia, but there are real people outside of Madison, WI that work for Vortex (Eustice threatened to sue all 300 of them, by the way...).

I will support a company that goes after business practices like this.

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Originally Posted by 2020throwaway
I'm not sure who suggested it first, or on what thread (I've done a lot of "opticsandammo reading" online this year...), but I think it is fair for "the internet" to claim some credit. This is from Vortex's complaint in the case I mentioned above:

"42. Defendants are not Authorized Dealers of Vortex products.

43. Despite not being approved as an Authorized Dealer, Defendants have
purportedly sold and continue to offer the sale of products bearing the Vortex Trademarks on the OpticsandAmmo Website.

44. Upon information and belief, Defendants complete orders and accept money from customers, but do not actually ship product to customers.

45. Multiple consumers have contacted Vortex regarding negative experiences attempting to purchase Vortex products through Defendants’ OpticsandAmmo Website, complaining that Defendants charged them for Vortex products and then never sent the customers the products they ordered.

46. Defendants are engaging in deceptive sales tactics intentionally designed to divert sales from Vortex and Authorized Dealers, even though they have no intention of shipping any Vortex products to their customers.

47. OpticsandAmmo has an “F” rating on the Better Business Bureau website. A true and correct copy of the Better Business Bureau profile for OpticsandAmmo, LLC is attached hereto as Exhibit C.

48. More than twenty-six (26) customers submitted complaints to the Better Business Bureau regarding Defendants’ business practices. See Exhibit C."

If you contacted Vortex, good job! I did not purchase a Vortex scope from OpticsandAmmo, but I contacted that manufacturer of the product I did purchase and told them about my experience. I also told them about this lawsuit. I encourage everyone to do the same.

The Vortex complaint reminds us about trademark law. This whole clusterf-ck is the reason you have authorized retailers. If you visit the optics counter at Cabelas, whoever you interact with has been visited by someone from Vortex, Leupold, Swarovzki, Zeiss, etc. to train them on their products. Manufacturers routinely send "secret shoppers" to stores to check up on their products, how they are being displayed/marketed, etc. Manufacturers also monitor the business practices of their retailers.

When you deal with a "normal" retailer like Cabelas, Bass Pro, B&H or even Optics Planet - despite whatever issues we've all had with them (and I've had mine) - you normally get what you purchased. If it's backordered, there is some normal way of dealing with it, like providing a time estimate or not charging your card until it has shipped (or not offering it for sale in the first place!). I believe this is - at least in small part - due to manufacturers policing these "authorized retailers." If they totally sucked at their business, they would not be authorized retailers.

We were all duped by Eustice / OpticsandAmmo. I've read others say something like "Yeah, the website looked a little sketchy but...," and I felt the same way. Yet there was something about it that made it just legit enough to start entering those credit card digits. I think Vortex is right to say that it was their trademarks, but more importantly the goodwill associated with the mark that they've built up over the years with their authorized retailers. The trademarks listed on the "our brands" section of his website, and the professional (because they were taken from B&H) photos made it look quasi-legitimate.

Eustice needs to be stopped. He's hurt a lot of people. He's smart enough to do all of this, but there are definitely some mental health issues going on. I might cut a young guy some slack for being awkward around women, but after reading a lot of the papers in the LSU lawsuit, I worry there's a chance he could hurt a woman.

So anyhow, I'm fighting in my own way. Considering sending B&H's corporate counsel an email and let them know what Eustice just filed. I bought some binocs from B&H once. Refreshingly normal transaction with a receipt, a tracking number, then binocs showing up on my doorstep. That is how it should be.

Finally, I own several Vortex scopes. While I think they are a pretty good value, in truth they aren't my favorite. That said, I'm sure there's something kicking around in the safe that could use an optic. Yes, they are made in SE Asia, but there are real people outside of Madison, WI that work for Vortex (Eustice threatened to sue all 300 of them, by the way...).

I will support a company that goes after business practices like this.





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Originally Posted by 2020throwaway
If you visit the optics counter at Cabelas, whoever you interact with has been visited by someone from Vortex, Leupold, Swarovzki, Zeiss, etc. to train them on their products.

Not true at the Cabela’s store I worked at.


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If anyone wants to drop a dime to Magpul they seem to have a fairly robust legal team on staff.

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Weekly bump

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Everyone affected!!! Please consider filling out a formal complaint. I just got off the phone with the Ken Paxton's office. Here is the link http://txoag.force.com/CPDOnlineForm

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Originally Posted by cdb
Originally Posted by 2020throwaway
If you visit the optics counter at Cabelas, whoever you interact with has been visited by someone from Vortex, Leupold, Swarovzki, Zeiss, etc. to train them on their products.

Not true at the Cabela’s store I worked at.


CDB is right. If you're in a retail location that's close to a corporate office or close to the home of a field rep, you MIGHT get them to come by and train you.

I worked @ the Scheels in Grand Forks ND and we didn't see anywhere near as many reps for training as they did in Fargo just 80Mi down the road. The Scheels Corporate offices are in Fargo so obviously the reps would go there but only a very few would drive just over an hr. to train @ another store unless it was on their way to/from somewhere else.


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I had both charges reversed with my cc company. Just got a notice from the cc company that he’s challenging the larger of the two. His response to them was tracking number “n/a” was delivered on “n/a”, should be easy to let them know that the “n/a” he put meant nothing was actually shipped. Also I did respond to his threatening email letting him know that if he’s represented himself in 175 civil cases it was in fact him who is at fault. He really got pissed when I asked him about how his cases were going against his colleges. 🤣🤣🤣 I wish I could’ve seen his face when I brought up his home address and asked if he did indeed live in his mom’s basement! I let him know that there were forums all over the internet calling him out (never mentioned a specific one) and they all have been in contact with Mr. Maxwell. He’s been silence ever since.


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bump


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He advertises free returns for 60 days. Tell him he should consider the cancellation a return where he isn't burdened with restocking. He should be grateful.

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Originally Posted by PaulBarnard
He advertises free returns for 60 days. Tell him he should consider the cancellation a return where he isn't burdened with restocking. He should be grateful.


Restocking? How hard is it to put a box back on the shelf in your garage?


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Originally Posted by Reloder28
Originally Posted by PaulBarnard
He advertises free returns for 60 days. Tell him he should consider the cancellation a return where he isn't burdened with restocking. He should be grateful.


Restocking? How hard is it to put a box back on the shelf in your garage?



Yeah, it's a lot of work putting those water bottles back in the package after they are returned for not being the Vortex scope someone ordered... wink


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Has the little dirtbag litigator had anyone served?

I am seeing this type of thing thread pop up on numerous forums, it's only a matter of time before he reaches the end of his rope and sells something to the wrong person, someone local enough to pay him a visit at his "store front". 🤣🤣🤣

Can't wait to read about it in the Houston Chronicle.


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Originally Posted by rockinbbar
Originally Posted by Reloder28
Originally Posted by PaulBarnard
He advertises free returns for 60 days. Tell him he should consider the cancellation a return where he isn't burdened with restocking. He should be grateful.


Restocking? How hard is it to put a box back on the shelf in your garage?



Yeah, it's a lot of work putting those water bottles back in the package after they are returned for not being the Vortex scope someone ordered... wink


It is a nice water bottle that I recently used on a caribou hunt but not quite the value of a new Leupold.

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Originally Posted by GrizzlyEaterjh
I had both charges reversed with my cc company. Just got a notice from the cc company that he’s challenging the larger of the two. His response to them was tracking number “n/a” was delivered on “n/a”, should be easy to let them know that the “n/a” he put meant nothing was actually shipped. Also I did respond to his threatening email letting him know that if he’s represented himself in 175 civil cases it was in fact him who is at fault. He really got pissed when I asked him about how his cases were going against his colleges. 🤣🤣🤣 I wish I could’ve seen his face when I brought up his home address and asked if he did indeed live in his mom’s basement! I let him know that there were forums all over the internet calling him out (never mentioned a specific one) and they all have been in contact with Mr. Maxwell. He’s been silence ever since.



Lives in his moms basement??????????????? My serial killer radar activated.


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Got the threatening email, hahaha . He got my chargeback.

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I too am now a victim of this POS. My story is the same as the others. Paid with CC, dispute charge, then I was threatened, and now I had to write a letter to CC company to redispute charge. I found this forum helpful and would like to thank you all.

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Sounds like the merchant is a slow learner. Is that why he is suing the college?

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